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Onah Attorneys Inc • Johannesburg
Adoption Attorneys – Building Families, Legally and Forever
Adoption permanently transfers full parental rights — it is the most profound order a Children’s Court makes, and the process is correspondingly thorough. We guide step-parents, relatives and unrelated adopters through screening, consents and the Children’s Court process, and we resolve the complications: untraceable biological fathers, withheld consent, and inter-country requirements under the Hague Convention.
Call 011 042 8039Free Case AssessmentWhen you need adoption attorneys
Step-parent adopting a spouse’s child
Grandparents or relatives adopting a family child
Unrelated adoption through an accredited agency
Biological father’s consent — required, withheld or untraceable
Adult adoption queries and alternatives
Inter-country adoption under the Hague Convention
Post-adoption birth registration and surname changes
Guardianship as an alternative to adoption
How we handle your matter
Route mapping
Step-parent, related and unrelated adoptions follow different screening paths — we map yours and the consents it needs.
Screening & reports
Adopters are screened by an accredited social worker whose Section 239 report anchors the application — we prepare you for it properly.
Consents
Both biological parents’ consent is generally required (signed before a presiding officer, with a 60-day withdrawal window) — or we motivate dispensation where a parent is untraceable, unreasonable or disqualified.
Children’s Court hearing
We present the application with the social worker; the court tests the child’s best interests and grants the adoption order.
Post-order registration
We register the adoption with the Registrar and update the birth record and surname at Home Affairs — completing the legal identity change.
Fees — transparent, agreed upfront
Step-parent and related adoptions are quoted as staged fixed fees including social worker coordination. Contested consent matters are quoted per stage with honest prospects given before you spend.
Key legislation:
- Children’s Act 38 of 2005 (Chapter 15)
- Hague Adoption Convention
Frequently asked questions
How long does adoption take in South Africa?
Step-parent and related adoptions typically take 6–12 months including screening; unrelated adoptions depend on agency matching. Consent complications extend timelines — front-loading them shortens the whole process.
Whose consent is needed for adoption?
Both biological parents and the child if 10 or older (or younger with sufficient maturity). Consent is signed before a Children’s Court officer and can be withdrawn within 60 days.
Can adoption proceed if the father refuses or is missing?
Yes — the court can dispense with consent where a parent is untraceable after diligent search, has abandoned the child, failed to contribute or is otherwise disqualified under Section 236. This is where legal argument matters most.
Do adopted children inherit from adoptive parents?
Fully — adoption severs the legal tie to biological parents (except where adopted by a step-parent married to the biological parent) and creates full inheritance rights in the adoptive family.
Can single people or same-sex couples adopt?
Yes. Marital status and sexual orientation are no bar — the Children’s Act permits adoption by single persons and joint adoption by partners; the best-interests test is the only standard.
What is the difference between adoption and guardianship?
Adoption permanently transfers parenthood itself; guardianship confers decision-making without severing the biological legal relationship — sometimes the better tool for relatives caring for a child.
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